Whenever it shall appear that any person is violating, or threatening to violate, any statute of this state with respect to the conservation of oil or gas, or both, or any provision of this act, or any rule, regulation or order made thereunder, the division through the attorney general shall bring suit against such person in the county of the residence of the defendant, or in the county of the residence of any defendant if there be more than one defendant, or in the county where the violation is alleged to have occurred, for penalties, if any are applicable, and to restrain such person from continuing such violation or from carrying out the threat of violation. In such suit the division may obtain injunctions, prohibitory and mandatory, including temporary restraining orders and temporary injunctions, as the facts may warrant, including, when appropriate, an injunction restraining any person from moving or disposing of illegal oil or illegal oil product, or illegal gas or illegal gas product, and any or all such commodities, or funds derived from the sale thereof, may be ordered to be impounded or placed under the control of an agent appointed by the court if, in the judgment of the court, such action is advisable.
History: Laws 1935, ch. 72, § 19; 1941 Comp., § 69-225; Laws 1949, ch. 168, § 21; 1953 Comp., § 65-3-24; Laws 1977, ch. 255, § 62.
Compiler's notes. — The term "this act," referred to in this section, means Laws 1935, ch. 72, §§ 1 to 24, which appear as 70-2-2 to 70-2-4, 70-2-6 to 70-2-11, 70-2-15, 70-2-16, 70-2-21 to 70-2-25, 70-2-27 to 70-2-30, 70-2-33 NMSA 1978.
Cross references. — For forfeiture and sale of illegal oil or gas, see 70-2-32 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 C.J.S. Mines and Minerals § 242.
Structure New Mexico Statutes
Article 2 - Oil Conservation Commission; Division;
Section 70-2-2 - [Waste prohibited.]
Section 70-2-3 - Waste; definitions.
Section 70-2-5 - Oil conservation division; director; state petroleum engineer.
Section 70-2-6 - Commission's and division's powers and duties.
Section 70-2-8 - Subpoena power; immunity of natural persons required to testify.
Section 70-2-10 - Perjury; punishment.
Section 70-2-11 - Power of commission and division to prevent waste and protect correlative rights.
Section 70-2-12 - Enumeration of powers.
Section 70-2-12.1 - Disposition of produced water; no permit required.
Section 70-2-12.2 - Adoption of rules; appeals.
Section 70-2-14 - Requirement for financial assurance.
Section 70-2-16 - Allocation of allowable production in field or pool.
Section 70-2-17 - Equitable allocation of allowable production; pooling; spacing.
Section 70-2-18 - Spacing or proration unit with divided mineral ownership.
Section 70-2-19 - Common purchasers; discrimination in purchasing prohibited.
Section 70-2-21 - Purchase, sale or handling of excess oil, natural gas or products prohibited.
Section 70-2-23 - Hearings on rules, regulations and orders; notice; emergency rules.
Section 70-2-25 - Rehearings; appeals.
Section 70-2-26 - Review of oil conservation commission decision; appeals.
Section 70-2-27 - Temporary restraining order or injuction [injunction]; grounds; hearing; bond.
Section 70-2-28 - Actions for violations.
Section 70-2-29 - Actions for damages; institution of actions for injunctions by private parties.
Section 70-2-30 - [Violation of court order grounds for appointment of receiver.]
Section 70-2-31 - Violations of the Oil and Gas Act; penalties.
Section 70-2-31.1 - Reporting requirement.
Section 70-2-32 - Seizure and sale of illegal oil or gas or products; procedure.
Section 70-2-33 - Definitions.
Section 70-2-35 - Legal representation before the federal energy regulatory commission.
Section 70-2-36 - Removing or altering marks of identification; penalty.
Section 70-2-37 - Oil and gas reclamation fund created; disposition of fund.